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Case 2:11-cv-00483-NT

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

PINPOINT INCORPORATED,

v.

Plaintiff,

GROUPON, INC., HOTWIRE, INC., L.L. BEAN, INC. and ORBITZ, LLC,

Case No.

JURY TRIAL DEMANDED

Defendants.

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Pinpoint Incorporated complains of Defendants Groupon, Inc., Hotwire, Inc.,

L.L. Bean, Inc. and Orbitz, LLC as follows:

NATURE OF CASE

1. This is a claim for patent infringement that arises under the patent laws of the

United States, Title 35 of the United States Code.

This Court has original jurisdiction over the

subject matter of this claim under 28 U.S.C. §§ 1331 and 1338(a).

PARTIES

2. Pinpoint Incorporated (“Pinpoint”) is a Texas corporation with headquarters at

203

North

Wabash

Avenue,

Suite

1610,

Chicago,

Illinois

60601.

headquarters to Chicago on January 1, 2011.

Pinpoint

moved

its

3. Pinpoint owns and has standing to sue for infringement of United States Patent

No. 5,754,938 (“the ‘938 patent”), entitled “Pseudonymous Server for System for Customized

Electronic Identification of Desireable Objects,” which issued on May 19, 1998.

4. Pinpoint owns and has standing to sue for infringement of United States Patent

No. 7,853,600 B2 (“the ‘600 patent”), entitled “System and Method for Providing Access to

Video Programs and Other Data Using Customer Profiles,” which issued on December 14, 2010.

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5. Pinpoint, originally known as Herz Technologies, is the owner of all right, title

and interest in the patent portfolio of the inventor Frederick Herz and his company iReactor.

Fred Herz is a named inventor on nearly fifty U.S. and foreign patents and patent applications,

including the ‘938 and ‘600 patents. Mr. Herz is a pioneer in the field of content personalization

and

assembled

a

team

of

world-renowned

computer

scientists

from

the

University

of

Pennsylvania to develop prototype software for his company iReactor. The technology covered

by Mr. Herz’ inventions anticipated personalization via the Internet, mobile content delivery,

electronic billboards and retail kiosks.

6. Groupon, Inc. (“Groupon”) is a Delaware corporation with headquarters at 600

West Chicago Avenue, Chicago, Illinois, 60654.

State of Illinois as Groupon, Inc.

Groupon is registered to do business in the

7. Hotwire, Inc. (“Hotwire”) is a Delaware corporation with headquarters at 333

Market Street, Suite 100, San Francisco, California, 94105. Hotwire is registered to do business

in the State of Illinois as Hotwire, Inc. or the assumed name Hotwire Illinois, Inc.

8. L.L. Bean, Inc. (“L.L. Bean”) is a Maine corporation with headquarters at 15

Casco Street, Freeport, Maine, 04033.

L.L. Bean is registered to do business in the State of

Illinois as L.L. Bean, Inc. or the assumed name L.L. Bean.

9. Orbitz, LLC (“Orbitz”) is a Delaware corporation with headquarters at 500 West

Madison Street, Suite 1000, Chicago, Illinois, 60606. Orbitz is registered to business in the State

of Illinois as Orbitz, LLC.

JURISDICTION AND VENUE

10. Groupon owns, operates and/or and conducts business through the website

www.groupon.com. Groupon is doing business in this judicial district, has purposefully availed

itself of the privilege of conducting business with residents of this judicial district, has

established sufficient minimum contacts with the State of Illinois such that it should reasonably

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and fairly anticipate being haled into court in Illinois, and has purposefully reached out to

residents of Illinois.

11. Hotwire owns, operates and/or and conducts business through the website

Hotwire is doing business in this judicial district, has purposefully availed

itself of the privilege of conducting business with residents of this judicial district, has

established sufficient minimum contacts with the State of Illinois such that it should reasonably

and fairly anticipate being haled into court in Illinois, and has purposefully reached out to

residents of Illinois.

12. L.L. Bean owns, operates and/or and conducts business through the website

www.llbean.com and through retail stores in this judicial district. L.L. Bean is doing business in

this judicial district, has purposefully availed itself of the privilege of conducting business with

residents of this judicial district, has established sufficient minimum contacts with the State of

Illinois such that it should reasonably and fairly anticipate being haled into court in Illinois, and

has purposefully reached out to residents of Illinois.

13.

Orbitz

owns,

operates

and/or

and

conducts

business

through

the

website

www.orbitz.com. Orbitz is doing business in this judicial district, has purposefully availed itself

of the privilege of conducting business with residents of this judicial district, has established

sufficient minimum contacts with the State of Illinois such that it should reasonably and fairly

anticipate being haled into court in Illinois, and has purposefully reached out to residents of

Illinois.

14. Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(d) and 1400(b).

CLAIMS FOR PATENT INFRINGEMENT

COUNT I – INFRINGEMENT OF U.S. PATENT NO. 5,754,938

Groupon

15. Groupon owns and operates the website www.groupon.com and related URLs.

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16. Groupon uses at least one proxy server in connection with its www.groupon.com

website.

17. Groupon provides accounts for its customers using their email and password.

18. Groupon creates profiles for its customers including, among other things, what

Groupon calls “My Background” and “My Favorite Deals.”

19. Groupon uses information it collects on individual customers to provide deals that

suit those individual customers.

20. Groupon sends emails to its customers including deals Groupon selects for those

specific customers.

21. Groupon has infringed and continues to infringe at least claim 1 of the ‘938 patent

within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including, without

limitation, by operating the website www.groupon.com which includes features for creating

customer profiles and emailing Groupon-selected deals to specific customers.

Hotwire

22. Hotwire owns and operates the website www.hotwire.com and related URLs.

23. Hotwire uses at least one proxy server in connection with its www.hotwire.com

website.

24. Hotwire provides accounts for its customers using their email and password.

25.

Hotwire

creates

profiles

for

its

customers

including,

among

other

things,

customers’ travel searches and whether customers have affirmatively clicked on a link sent to

them in an email by Hotwire.

26. Hotwire uses information it collects on individual customers to provide offers that

suit those individual customers.

27. Hotwire sends emails to its customers including offers Hotwire selects for those

specific customers.

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28. Hotwire has infringed and continues to infringe at least claim 1 of the ‘938 patent

within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including, without

limitation, by operating the website www.hotwire.com which includes features for creating

customer profiles and emailing Hotwire-selected offers to specific customers.

L.L. Bean

29. L.L. Bean owns and operates the website www.llbean.com and related URLs.

30. L.L. Bean uses at least one proxy server in connection with its www.llbean.com

website.

31. L.L. Bean provides accounts for its customers using a Login ID (such as a User

Name or Email Address) and password.

32. L.L. Bean creates profiles for its customers including, among other things, what

L.L. Bean calls “Email Preferences” including “Additional Information” such as “Areas of

Interest” and “Preferred Store Locations.”

33. L.L. Bean uses information it collects on individual customers to notify customers

of products, special offers, services or events that suit those individual customers.

34. L.L. Bean sends emails to its customers notifying them of products, special offers,

services or events L.L. Bean selects for those specific customers.

35. L.L. Bean has infringed and continues to infringe at least claim 1 of the ‘938

patent within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including,

without limitation, by operating the website www.llbean.com which includes features for

creating customer profiles and emailing L.L. Bean-selected notifications for products, special

offers, services or events to specific customers.

Orbitz

36. Orbitz owns and operates the website www.orbitz.com and related URLs.

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37. Orbitz uses at least one proxy server in connection with its www.orbitz.com

website.

38. Orbitz provides accounts for its customers using their email and password.

39. Orbitz creates profiles for its customers including, among other things, what

Orbitz calls “My interests,” which includes “Activities & Lifestyles” such as “Beach” and

“Casinos/Gaming”, and which further includes “Destinations” such as “Asia” or “Caribbean.”

40.

Orbitz

uses

information

it

collects

on

individual

customers

to

provide

e-

newsletters and personalized offers that suit those individual customers.

41. Orbitz sends emails to its customers including e-newsletters and personalized

offers Orbitz selects for those specific customers.

42. Orbitz has infringed and continues to infringe at least claim 1 of the ‘938 patent

within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including, without

limitation, by operating the website www.orbitz.com which includes features for creating

customer profiles and emailing Orbitz-selected e-newsletters and personalized offers to specific

customers.

All Defendants

43. To the extent required by law, Pinpoint has complied with the provisions of 35

U.S.C. § 287 with respect to the ‘938 patent.

44.

The

acts

of

direct

infringement

of

the

‘938

patent

by

all

Defendants

by

manufacturing, using, operating and/or conducting business through their respective websites has

injured Pinpoint, and Pinpoint is entitled to recover damages adequate to compensate it for such

infringement from Defendants, but in no event less than a reasonable royalty.

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COUNT II – INFRINGEMENT OF U.S. PATENT NO. 7,853,600 B2

Groupon

45. Pinpoint repeats and realleges paragraphs 15 - 21 of this Complaint, inclusive, as

though fully set forth herein and incorporates them by reference.

46. Groupon has infringed and continues to infringe at least claim 29 of the ‘600

patent within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including,

without limitation, by operating the website www.groupon.com which includes features for

creating customer profiles and emailing Groupon-selected deals to specific customers.

Hotwire

47. Pinpoint repeats and realleges paragraphs 22 - 28 of this Complaint, inclusive, as

though fully set forth herein and incorporates them by reference.

48. Hotwire has infringed and continues to infringe at least claim 29 of the ‘600

patent within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including,

without limitation, by operating the website www.hotwire.com which includes features for

creating customer profiles and emailing Hotwire-selected offers to specific customers.

L.L. Bean

49. Pinpoint repeats and realleges paragraphs 29 - 35 of this Complaint, inclusive, as

though fully set forth herein and incorporates them by reference.

50. L.L. Bean has infringed and continues to infringe at least claim 29 of the ‘600

patent within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including,

without limitation, by operating the website www.llbean.com which includes features for

creating customer profiles and emailing L.L. Bean-selected notifications for products, special

offers, services or events to specific customers.

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Orbitz

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51. Pinpoint repeats and realleges paragraphs 36 - 42 of this Complaint, inclusive, as

though fully set forth herein and incorporates them by reference.

52. Orbitz has infringed and continues to infringe at least claim 29 of the ‘600 patent

within the meaning of 35 U.S.C. § 271(a) through the foregoing activities including, without

limitation, by operating the website www.orbitz.com which includes features for creating

customer profiles and emailing Orbitz-selected e-newsletters and personalized offers to specific

customers.

All Defendants

53. To the extent required by law, Pinpoint has complied with the provisions

of 35 U.S.C. § 287 with respect to the ‘600 patent.

54.

The

acts

of

direct

infringement

of

the

‘600

patent

by

all

Defendants

by

manufacturing, using, operating and/or conducting business through their respective websites has

injured Pinpoint, and Pinpoint is entitled to recover damages adequate to compensate it for such

infringement from Defendants, but in no event less than a reasonable royalty.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Pinpoint respectfully asks this Court to enter judgment against

Defendants Groupon, Inc., Hotwire, Inc., L.L. Bean, Inc. and Orbitz, LLC, and against each of

their respective subsidiaries, successors, parents, affiliates, officers, directors, agents, servants,

employees, and all persons in active concert or participation with them, granting the following

relief:

a. The entry of judgment in favor of Pinpoint and against Defendants;

b. An award of damages as to all Defendants adequate to compensate

Pinpoint for the infringement that has occurred, but in no event less than a reasonable

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royalty as permitted by 35 U.S.C. § 284, together with prejudgment interest from the date

the infringement began;

c. A finding that this case is exceptional and an award to Pinpoint of its

reasonable attorneys’ fees and costs as provided by 35 U.S.C. § 285; and

d. Such other relief that Pinpoint is entitled to under law, and any other and

further relief that this Court or a jury may deem just and proper.

JURY DEMAND

Pinpoint demands a trial by jury on all issues presented in this Complaint.

Date: August 16, 2011

Respectfully submitted,

/s/ Paul K. Vickrey

Raymond P. Niro Paul K. Vickrey Patrick F. Solon Paul C. Gibbons David J. Mahalek Brian E. Haan Oliver D. Yang NIRO, HALLER & NIRO 181 W. Madison, Suite 4600 Chicago, IL 60602 (312) 236-0733 Fax: (312) 236-3137 rniro@nshn.com vickey@nshn.com solon@nshn.com gibbons@nshn.com mahalek@nshn.com bhaan@nshn.com oyang@nshn.com

Attorneys for Pinpoint Incorporated

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